Chap. 242.—An ACT to provide a new charter for the town of Pulaski, Vir-
ginia, and te repeal all other acts or parts of acts in conflict there
with.

Approved March 16, 1910.

1. Be it enacted by the general assembly of Virginia, That the terri-
tory embraced and contained in the following boundaries, namely: Be
ginning at the west end of the fifth bridge on the Norfolk and Western
railroad, west of the Bertha zinc works, and running thence due north
one-fourth of a mile; thence due east to a line of the Bertha Mineral
Company north of said railroad; thence a northerly direction, following
the said lands of the Bertha Mineral Company to Pond Lick branch;
thence down Pond Lick branch to Tract fork of Peak creek and across
said creek to the nearest point on the line of the lands now or formerly
owned by the Pulaski Land and Improvement Company; thence along the
western and northern boundary of the same to a point where the said
boundary intersects the Robinson tract road ; thence a straight line to the
northwest corner of Oakwood cemetery; thence along the northern and
eastern boundaries of said cemetery to the southeast corner of the same;
thence along the southern boundary of said cemetery to Jefferson avenue;
thence along Jefferson avenue to its intersection with Brook avenue;
thence down Brook avenue to Monroe avenue, near the former residence
of J. C. Wysor; thence along Monroe avenue to Fifth street or the Pep-
per’s Ferry road; thence with the same to the point where the Alum
Springs road intersects with the Pepper’s Ferry road ; thence crossing said
roads to the nearest point on the line of the land of the Pulaski Iron Com-
pany; thence an easterly course with the northern boundary of the said
Pulaski Iron Company land to where the same touches the northwest
corner of the land belonging to, or which formerly belonged to, the Lake
Spring Land and Improvement Company; thence along the south side of
the Pepper’s Ferry road to the corner of the MacGill land; thence with
the line of said MacGill land to a point where the same touches the line of
the land of the Lake Spring Land and Improvement Company;
thence with the boundary of the Lake Spring Land and Improve-
ment Company tract of land to the line of the Dora Furnace (formerly
Pulaski Development Company’s) land; thence westerly along the prop-
erty line of the Dora Furnace Company to a point which is a corner to the
Dora Furnace Company’s and Lake Spring Land and Improvement Com-
pany’s lands; thence southerly along the lands of the Dora Furnace Com-
pany to a point in the center of Third street; thence westerly along the
center of Third street to a point in the center of Union avenue; thence
southerly along the center of Union avenue to a point in a line of
the Litchfield land; thence easterly along the line of said Litchfield
land to a point in the line of the lands of the Dora Furnace Company
(now the Virginia Iron, Coal and Coke Company) ; thence south along
the west line along the lands of said Dora Furnace Company to the south
side of the right of way of the Norfolk and Western Railway Company;
thence west along the south side of the said right of way to the west side
of the bridge of said railway company across Peak creek (which railway
bridge is known as the Pierce bridge) and is situate on the line of said
railvay company a short distance east of the furnace of the Pulaski Iron
Company; thence in a sovtheast direction to the southwest corner of
Birch street and Maple avenue; thence south along the west side of
Birch street to the north side of Jackson avenue; thence east along the
north side of Jackson avenue to the east line of the land of the Lake
Spring Land and Improvement Company; thence along the east line of
said Lake Spring Land and Improvement Company to the southeast
corner of the lands of said Lake Spring Land and Improvement Com-
pany; thence around the south and western boundary of the Lake Spring
Land and Improvement Company to the land of the Martin Land and
Improvement Company ; thence along the south boundary of the same to
the southwest corner of the same; thence due west to a point due south
from the point of beginning, and thence due north to the place of begin-
ning, all the said territory being in the county of Pulaski, shall be deemed
and taken as the town of Pulaski, and the inhabitants of the said town of
Pulaski, for all purposes for which towns are incorporated in this Com-
monwealth, shall continue to be one body politic, in fact and name, under
the name and style of the town of Pulaski, and as such shall have, exer-
cise, and enjoy all the rights, powers, and privileges and immunities con-
ferred upon towns as municipal corporations by the general laws of this
Commonwealth and by the terms of this charter.

2. The officers of said town shall consist of a mayor, eight council-
men, sergeant, a treasurer, who shall collect and disburse all revenues and
taxes of said town, and a clerk of council, who shall be elected as here-
imafter provided. The council shall have power and authority to pass
and ordain such by-laws and ordinances for the government of said town
as the council shall deem necessary, provided the same are not in conflict
with the Constitution of this State or of the United States. The mayor
and four members of the council, or, in the absence of the mayor, five
members of the council, one of whom shall act as chairman, shall con-
stitute a quorum for the transaction of business.

3. An election for mayor, or councilmen, sergeant, clerk or council and
treasurer, shall be held on the second Tuesday in June, nineteen hundred
and ten, and every two years thereafter. The officers so elected shall
begin their term of office on the first day of September succeeding, and
shall hold their term of office for two years, or until their successors are
elected and qualified. If any vacancy occur in any office the same shall
be filled by the council. But the present incumbents in their respective
offices shall continue in office and exercise all the powers conferred on
them at present until their successors are duly elected and qualified. No
citizen shall be eligible for membership as a councilman unless he is a
freeholder.

Upon the expiration of the term of office of any officer of the town of
Pulaski hereinbefore or hereinafter named, by death, removal, election
of his successor, or by any other event, all books, papers, documents,
furniture, vouchers, and all other things whatsoever pertaining to such
office shall be immediately delivered up and turned over by such officer, or
by his personal representative, if he be dead, to his successor in office, and
any person who shall violate this section shall be deemed guilty of a mis-
demeanor, and upon conviction thereof, shall be fined not less than one
hundred dollars nor more than five hundred dollars.

4. General and special elections and the qualifications of voters in
said elections shall be in accordance with the provisions of the Constitu-
tion and the laws of the State of Virginia governing cities and towns.

5. The council of said town shall have and exercise all the powers
vested by chapter forty-four of the Code of Virginia, and other general
statutes of this Commonwealth, now in force in a municipal corporation
of like character, and such other powers as are granted by this charter;
and the said council may, after first paying a just compensation therefor,
take such private property within the town as may be necessary for lay-
ing out walks, streets, and alleys, widening, altering, or improving the
same, and for other municipal purposes.

6. The corporate limits of said town are hereby created and declared to
be a separate and distinct road district of Pulaski county, and no road
tax shall be levied on any person or property within said limits except by
the council of the town of Pulaski; which tax so levied by the council
shall be expended within the limits of the corporation on the streets and
roads therein under the direction and supervision of said council. The
said town limits shall be divided into four wards, bounded and described
as follows: The first ward shall begin on Jefferson avenue at center of
bridge across creek; thence along the center of Jefferson avenue to
Tenth street north; thence along the center of Tenth street north to
Prospect avenue; thence in a northerly direction to the southwest
corner of the cemetery; thence along the westerly line of the ceme-
tery to the north line of the corporation of Pulaski; thence with the
north and western line of said corporation to the road leading to Crab-
tree’s springs; thence along said road to a point where the road connects
with Water street prolonged in said town; thence down the center of
Water street to Randolph avenue bridge; thence along the center of the
creek to Jefferson avenue at the place of beginning. The second ward
shall include all that part of the town east of Jefferson avenue and the
line from Prospect avenue to the southeast corner of the cemetery and
north of Peak creek. The third ward shall include all that part of the
town south of Peak creek and east of Valley street. The fourth ward
shall include all that part of the town west of Valley street, south of
Water street and the road leading to Crabtree’s springs.

At the general election held hereunder there shall be elected two
councilmen from each of the said wards, the said two councilmen to be
elected by the qualified voters of the respective wards from which they are
to be chosen, but there shall be only one voting place in said town.
7. The town of Pulaski shall not have outstanding and in force at any
time bonds in amount exceeding eighteen per centum of the assessed
value of the real and personal property in said town: provided, however,
that it may have, in addition to said eighteen per centum, certificates of
indebtedness and bonds issued in addition thereto under section one hun-
dred and twenty-seven of the Constitution of Virginia.

8. Without limiting or affecting the powers heretofore given, the said
council shall have the power to prohibit by ordinances or by-laws within
said town any misdemeanor prohibited by the laws of this Commonwealth,
and enforce said ordinances or by-laws by a penalty, or penalties, not ex-
ceeding the penalties fixed by the laws of the Commonwealth for like
offenses, said penalty, or penalties, whether by fine or imprisonment, to
be for the use and benefit of said town of Pulaski, and shall have power to
alter, amend or repeal any by-laws or ordinance, and to remit any fine or
corporation taxes, water or light rents that may to the council seem
proper to be remitted. a

9. The said council may establish a chain-gang and require offenders
under sentence for violation of the laws and ordinances of said town to
work therejn on the public streets, roads or public buildings of said town,
as provided under the general law of the Commonwealth.

10. To determine and designate the route and grade of any railroad or
street car line to be laid out in said town, and to restrain and regulate the
rate of speed of locomotives, engines and cars upon the railroads within
said town.

11. To prevent horses, hogs, and other animals from running at large
in said town, and to subject the same to regulations and confiscations and
taxes as they may deem proper, and to prevent the throwing of stones,
balls, snowballs, playing of marbles, or other sports or employments, on
the streets or alleys of said town, which may seem dangerous or annoying
to citizens or passengers of said streets and alleys, as well as to punish
the abuse and cruel treatment of horses or other animals in said town,
and to arrest and punish drunkards, beggars and vagrants; to arrest and
punish persons for using profane language in said town; to prevent vice
and immorality; to preserve the public peace asd good order; to pre-
vent and quell riots, disturbances and disorderly assemblages; to pre-
vent boys and others from jumping on moving trains in said town; to
suppress houses of ill-fame and gaming houses; to prevent and punish
lewd and indecent conduct and exhibitions in said town, and to prevent
and punish trespassing on, or injury to the electric power property and
water-shed reservoir, or other property of said town, and for any violation
of any such ordinances may impose fines in addition to those prescribed
by the laws of the State.

12. To establish, improve or enlarge water works and electric light
works or gas works, or to construct and equip and operate new electric
light plants or water works, electric wires, poles, pipes and other appur-
tenances to said plants, within or without the corporate limits of said
town, for the purpose of supplying the inhabitants of said town with
water, electric lights or power, and for such other purposes that are per-
mitted by the general laws of the State governing cities and towns, and
to contract with the owners of any land, or water, or water rights, or
other rights, for the use and purchase thereof, or to have the same con-
demned for the purposes aforesaid, whether situated within or without
the corporate limits of the said town, for the location, extension, enlarge-
ment or improvement of said works or for the construction of new works,
the pipe lines, wires or pole line connected therewith or any fixtures and
appurtenances thereof, and shall, so far as not in conflict with the gen-
eral law, have jurisdiction over and the power to protect from injury, by
ordinances, prescribing adequate penalties, the said pipes, fixtures and
land, or anything connected therewith, or works, fixtures and other ap-
purtenances or water and electric light plants or gas works established
under its authority, within or without the corporate limits of said town,
and in order to establish any of the said plants the council may, in their
discretion, have power to execute and issue, negotiate and sell the bonds
of said town, as provided by the Constitution and general laws of the
State of Virginia: provided, however, that no issue of bonds shall be
made unless three-fifths of the votes cast at any election upon the ques-
tion of issuing bonds for said town shall be in favor of such bond issue.
The condemnation proceedings herein authorized for property or rights,
within or without the said town, shall be according to the provisions of
the Constitution and general laws of the State of Virginia governing
cities and towns.

13. The said council shall have the power to lay and levy a tax not
exceeding one dollar and fifty cents on the one hundred dollars’ value of
all property, real and personal, of the said town for general purposes of
the said town, including the pay of officers, the working and keeping in
repair of its streets, roads and bridges, and to pay the interest on its
public debt and provide a sinking fund for the redemption of the same.
And in addition thereto the said council is hereby authorized and empow-
ered to Jay and levy an additional poll tax, not exceeding one dollar on
each male citizen thereof over twenty-one years of age, to be used in
keeping the streets, roads and bridges of said town in repair; and the said
town shall have like powers of distress, levy and sale for collection of
such taxes as are now given to the State officers for the collection of
State taxes. ;

14. The council of the town shall have the power to regulate the
keeping of dogs within the town, and may, in order to do so, impose a
tax on each male dog of one dollar, and one each female dog a tax of
three dollars, found or kept within the limits of said town; said tax to
be paid on or before the first day of July, nineteen hundred and ten, and
on the same day of each succeeding year, and in case it is not so paid the
council shall have the power to impose a fine of not less than one nor
more than five dollars upon the owner of a dog for the non-payment of
said tax, and in addition thereto the mayor of the town shall order the
sergeant to kill every dog kept in the town for which the said tax has
not been paid after the fifteenth day of July of each year.

15. The council shall have the authority to adopt such rules and to
appoint such committees as it may deem proper for the regulation of it
proceedings and the convenient transaction of its business. It shall keer
a journal in which the clerk shall record the proceedings of each session.
and the same shall be properly indexed. All resolutions and ordinances
shall be recorded in a book to be called the ordinance book, which shall be
properly indexed. The council shall fix the pay of the mayor, sergeant,
treasurer and clerk and any other officer or employees of said town as they
see fit.

16. It shal] be the duty of the mayor to enforce the laws and ordi-
nances of the town and all orders and resolutions of the council. He
shall see that the duties of the various town officers are faithfully per-
formed. He shall have power to investigate their acts and have access
to all books and documents in their office. He shall also have the right to
suspend any municipal] officer elected by the council for misconduct in
office or neglect of duty, to be specified by the order of suspension. When-
ever the mayor shall suspend any such officer he shall report the facts,
with his reasons therefor, at a called or the next regular meeting, and the
council shall take such action in the case as it may deem proper by rein-
stating or removing such officer. In case of the absence or inability of
the mayor the council shall appoint one of its members acting mayor, who
shall possess the same powers and discharge the same duties as are pos-
sessed and discharged by the mayor, during such absence or inability.

1%. It shall be the duty of the mayor of the town of Pulaski to com-
municate to the council at the end of each fiscal year a general statement
of the condition of the town in relation to its government, finances and
improvements, with such recommendations as he may deem proper.

18. The treasurer, clerk and sergeant shall, before entering upon the
duties of their office, execute before the ceuncil of said town satisfactory
bonds in such sums as the council may prescribe. The bonds of such
officers shall be payable to the town of Pulaski, and shall be conditioned
for the faithful performance of their respective duties.

19. All moneys belonging to the said town from taxes on persons and
property, fines, water and light rents, licenses, and from all sources what-
ever, shall be paid to the treasurer, who annually, at the first meeting in
July, or at such other time as may be fixed by the council, make a settle-
ment with the council for the vear ending on the preceding thirtieth day
of June, and when his term of office expires, or if he die or resign, or be
removed from office, he, upon the expiration of his term of office, resigna-
tion, or removal, or his personal representative upon his death, shall im-
mediately make such settlement, showing the amount in his hands to be
accounted for, the fund to which the same belongs, and deliver to his
successor all bonds, books and papers belonging to his office, and all
money belonging to the town. The treasurer shall keep a correct item-
ized account of all money received and disbursed by him for the town in
books provided for that purpose, and shall, quarterly, at regular council
meetings until his settlement with the council at the end of the fiscar
year, make up a sworn statement of his receipts and disbursements and
file with said statement a list of all warrants paid by him during the next
preceding quarter, the number of each warrant and to whom paid, the
amount of cash on hand, with a certificate from the banks as to the
amount deposited in each, and the elerk of the said couneil shall file said
report and preserve the same for inspection of any person having an inter-
est therein. The treasurer shall pay no money except as the same shall
have been ordered to be paid by the council, and shall pay the same only
upon warrants drawn upon him which are signed by the mayor and
countersigned by the clerk of the council. Should the person to whom
any warrant is made payable be indebted to the town for taxes or other-
wise, then such indebtedness shall be deducted from said warrant. The
council in their annual settlement with said treasurer, after inspecting
the warrants, if approved, shall cancel the same.

20. It shall be unlawful for any person without a State license so to do
to sell by retail or wholesale any ardent spirits or intoxicating liquors, as
defined by the general laws of the State, or any mixture of them, within
the corporate limits of the town of Pulaski, or within one mile thereof,
and any person found guilty of such offense, upon trial duly had before
the mayor, shall be fined not less than fifty dollars nor more than one
hundred dollars, and may be imprisoned until said fine and costs attend-
ing such trial are paid by labor in the chain-gang of said town or in cash,
or until he may be otherwise discharged by law, and for the purpose of
making this section effective in suppressing the illicit sale of intoxicating
liquors in the said town the sergeant and any other officer of the said
town who is a conservator of the peace are hereby empowered, when they
have just cause to suspect that any person is selling such liquors within
the said town in violation of this section, to appear before the mayor of
said town and make complaint on oath that he has just cause to suspect

and doth suspect that —-——————— is selling ardent spirits and intoxi-
cating liquors within the said town in violation of the charter of said town
and pray that the said —-——————— may be apprehended and held to

answer the said complaint; and upon said complaint being made to him,
the mayor shall forthwith issue a warrant for the person complained of,
reciting the charge and by whom made, and upon the apprehension of the
accused under said warrant the said mayor shall proceed to try him
according to law.

21. The mayor of said town, when he has reasonable cause to suspect
that any ardent spirits or intoxicating liquors are being sold within said
town, or within one mile of the corporate limits thereof, shall issue his
warrant requiring search to be made of the premises of the person sus-
pected for such liquors, and if any be found, require their seizure and
safe custody until the final order in the case; all the liquors so seized
shall be forfeited to the town of Pulaski, which may be disposed of by
the said town to the best advantage; but if the party from whom the
said liquors were seized is not found guilty, the liquor shall be restored
to him. Where a search warrant is issued under this section there shall
also be issued by said mayor or some member of said council a warrant for
the arrest of the suspected person or persons for the violation of this
charter, and upon a hearing if it be found there is probable cause to sus-
pect the person or persons guilty, he or they shall be required to enter
into bond of five hundred dollars, with sufficient surety, for their good be-
havior, conditioned not to violate the local option or revenue laws of the
State of Virginia within said town, or within one mile of the corporate
lines thereof, for a period of one year, and should anyone fail to give
such bond when required to do so he may be sent to jail and there kept fox
a period not exceeding ninety days.

22. There shall be a lien on the real estate in the town of Pulaski for
the taxes assessed thereon for the said town from the commencement of
the year for which they are assessed, and when any of ffie said taxes are
returned delinquent a list of the same shall be returned to the clerk ef
Pulaski county and be by him entered in a book furnished by the said
town and kept in his said office, the form and manner of entering the
same to be similar to that provided by law for the record of delinquent
taxes on the real estate due the State. In said book there shall also be
columns in which shall be entered the names of the purchasers, the
amount and date of sales of real estate sold for delinquent taxes, as pro-
vided in this eharter. When the taxes are so returned in said record, as
herein provided, the same shall be held to be constructive notice of the
lien thereof, and the said real estate shall be liable thereto as against
creditors and in the hands of purchasers or other persons into whose
hands the said real estate may be sold for taxes, as provided for in this
charter, whether at the time it is owned by the person against whom the
taxes were charged or has been sold by him for them. After said real
estate has been so sold for taxes the same may be redeemed within such
time and by such persons and upon such terms as is provided by law for
the redemption of lands sold for State taxes, except that the money paid
for such redemption shall be paid to the treasurer of the town of Pulaski.
Upon the redemption of said real estate the treasurer shall issue to the
persons so redeeming it a certificate to that effect, which shall be pre-
sented to the clerk of Pulaski county, who shall thereupon mark in the
said record the redemption of said real estate, the name of the party
redeeming it and the date thereof. The clerk shall receive for his ser-
vices a fee of ten cents for each lot or parcel of land so entered in said
record, a fee of ten cents for the entry of such sale of real estate, as is
provided in this charter, and a fee of twenty-five cents for each redemp-
tion so entered, to be paid by the town of Pulaski, and which shall be
charged against and be a lien upon said land along with the taxes against
the same. The purchaser of all such delinquent lands shall take posses-
sion of the same directly upon paying to the town treasurer the purchase
price for the same, to have and to hold until it is redeemed as herein
provided. At the expiration of the time within which said real estate may
be redeemed, if the same has not been redeemed as herein provided, the
mayor of the town of Pulaski shall execute to the purchaser thereof a
deed conveying the same in like manner as prescribed by law for the
conveyance of real estate by the clerk of Pulaski county which has been
sold for delinquent taxes due the State, and such deed shall convey such
title as would be conveyed had the same been sold for delinquent State
taxes. And when any property is offered for sale under the provisions
of this section and no one bids a sufficient sum to pay the taxes and
charges thereon on account of such sale, the treasurer may buy the same
in the name of the town of Pulaski; and the said town may have and
exercise the same rights under such purchase as are provided in this sec-
tion for individual purchases.

23. The circuit court of Pulaski, on the application of the council of
the town of Pulaski, through its mayor, may order real estate delinquent
for the non-payment of taxes to be sold by the treasurer for the town at
public auction for cash at such time as it may direct, said sale and the
advertisement thereof to be made in conformity, as near as may he, to
the State law with reference to the sale of delinquent lands. When such
sale has been made, with the date thereof, the name of the purchaser and
the amount for which said real estate sold, shall be entered by the county
clerk in the record of delinquent real estate provided for in section twenty-
two of this act.

24. The council of the town of Pulaski may levy and cause to be col-

lected a license of not exceeding five dollars per day on all itinerant
salesmen who may offer their goods or wares for sale, barter or exchange
within the corporate limits of the said town of Pulaski.
_ 25. The words “itinerant salesmen,” as used in the preceding section,
shall be construed to mean any person traveling from place to place and
offering merchandise, manufactured articles or wares of any kind for
sale, either from temporarily established places of business or on the
streets, but shall in nowise be construed to mean salesmen who sell
from samples with subsequent delivery of goods, or hucksters and venders
of country produce.

26. All lots in said town of Pulaski shall be listed for taxation by both
section and number.

27. All acts and parts of acts in conflict with this are hereby repealed.

28. An emergency existing in the town of Pulaski in regard to the
opening of certain streets the: «in, an emergency is declared to exist, and
this act shall be in force from its passage.